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CITY OF LONG BEACH v. AGOSTISI

2021-05796. Index No. 2684/20.

221 A.D.3d 776 (2023)

200 N.Y.S.3d 390

2023 NY Slip Op 05710

City of Long Beach, Respondent, v. Robert Agostisi, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 15, 2023.

Attorney(s) appearing for the Case

Leeds Brown Law, P.C., Carle Place, NY ( Rick Ostrove and Brandon Okano of counsel), for appellant.

Ingerman Smith LLP, Hauppauge, NY ( John H. Gross of counsel), for respondent.

Duffy, J.P., Iannacci, Christopher and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated July 26, 2021. The order, insofar as appealed from, denied the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendant's motion which were pursuant to...

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